Rhode Island Injury Lawyer Blog

It seems the most obvious and important question and one that I am asked in every personal injury case, namely, how much is my personal injury claim worth? Regardless if resulting from an auto accident, motorcycle accident, slip and fall, or medical malpractice, all clients are curious what their case is worth.

The only easy answer to that question is to say: Your case is worth the amount a jury of your peers says that it is worth. Unfortunately, juries are wildly unpredictable and can return with a shockingly high award or an embarrassingly low judgment. Furthermore, waiting for a jury verdict requires several years of waiting and a long and expensive litigation process.

That said, experienced personal injury attorneys such as myself, consider a number of variables in determining a fair settlement value of your case. Attorneys and insurance companies consider recent jury verdicts in the State, recent settlements in the State, along with other variables to determine a fair value for the injury suffered. Therefore, attorneys and insurance adjusters will assign a value to the neck or back injury, fractured arm, or concussion. For instance, if a jury recently awarded $160,000 to a man who broke his leg in a truck accident, this may be a starting point for negotiations if you suffer a similar broken leg in an auto accident.

What are the other variables to consider? Among other things:

• the strength of the liability case


• cost of litigation


• amount available through insurance


• nature and severity of the injury

Of course, you are also entitled to lost wages and medical bills, future medical bills and permanent disability, if applicable.

If the injury you sustained is soft tissue in nature (neck and back pain) then your settlement will depend largely on the length and severity of your disability and whether there is diagnostic evidence (i.e. an MRI report showing injury) to help substantiate the claim. An experienced personal injury attorney, will know how to negotiate with an insurance company to obtain the highest value possible.

This should be understood as a shorthand version of how the value of your personal injury claim is determined. There are literally hundreds of variables that have to be considered and only a skilled and experienced attorney can use all of these variables to obtain the highest amount possible in settlement. Furthermore, the negotiating skills of an attorney are important as well as the attorney's reputation for success.

The next time you ask your attorney: What is my case worth? do not be surprised if he or she is afraid to answer. It is because each personal injury case is so unique that it is hard to determine, especially early in the case, how much the injury is worth.

As a former insurance adjuster I have settled hundreds of personal injury cases of all levels of severity. I understand the full value of your case and how an insurance company will try to poke holes in your case to lower the final value. As a personal injury attorney, I have succeeded in obtaining excellent settlements for my clients often exceeding the amount they were hoping to receive.

Therefore, part of the answer to the question: How much is my case worth? depends on whether you hire the right attorney.

Continue reading "How Much is My Personal Injury Case Worth?" »

Rhode Island law requires that an injury caused by the negligence of a Town or City be reported to that Town or City within sixty (60) days of the accident, or the case will be dismissed. This is a topic that has been on my mind for the past week or so because I have a new client who broke her ankle on a Providence sidewalk and because the Rhode Island Supreme Court just discussed the law in a recent ruling.

The plaintiff in the recent Rhode Island Supreme Court Decision, Susan McNulty, had her case dismissed by summary judgment because she did not adequately notify the City of Providence of her fall. Ms. McNulty spoke with the City clerk but never actually notified the City in writing, as per the statute, and the City moved for Summary Judgment. Summary judgment was granted meaning that her case is dead and buried. The Supreme Court affirmed the granting of summary judgment.

Rhode Island General Laws 45-15-9 and 45-15-10 state that a person injured on a highway, causeway or bridge, must give notice to the Town or City obliged to keep the road or bridge in a safe condition, of any injury within sixty days of occurrence. The notice MUST be in writing and signed by the injured party (or his or her attorney) and indicate the time, location (with specificity), and manner of the injury that occurred on public property. Because Ms. McNulty only notified the City of Providence by phone, she was in violation of the Statute and lost her case.

The general public is unaware that this statute even exists and may falsely believe that they have three (3) years to bring a suit against a town or city because that is the statute of limitations. Unfortunately, this is a costly mistake. There are additional provisions in the statute as well which require a formal demand before the filing of a lawsuit, etc.

Regardless of the nature of the accident, whether slip and fall or auto accident, you must notify the city or town if they are a potential defendant. This is the law throughout Rhode Island. Therefore, if you were injured on public property, it is imperative that you speak to an experienced personal injury attorney right away so that you do not lose your rights to compensation. This is a legal minefield and not an area of law which you want to travel alone.

Continue reading "Be Aware of Rhode Island's 60 Day Notice For Accidents Caused by the Negligence of City or Town" »

I receive a lot of questions asking whether one has a valid case for slip and fall.  Often there is a fall on private property causing injury, but while these elements are essential, they are not enough.  A landowner is not always responsible for a flaw in the property that leads to a fall.  Occasionally weather, or another's mistake can cause a temporary flaw that the landowner may or may not be responsible for.

So, when might a landowner be responsible for a fall.  Here are the most common scenarios for a landowner to be legally responsible:

• The owner of the property or his or her employee, caused the flaw in the surface by either damaging it or spilling something onto it, or otherwise causing something to be underfoot;


• The owner of the property or his or her employee knew of the flaw on the property and did nothing to correct it;


• The owner of the property or his or her employee should have known of the flaw in the property because a reasonable landowner would occasionally inspect his or her property and repair any known flaws.

In the first two scenarios, the landowner knows of the flaw either because he or she caused it or because he was told directly.  In the third scenario, often the most litigated, we have to ask if the "reasonable" landowner should have known of the flaw and repaired it.  Considerations include:

• What is the nature of the object - size, shape, consistency;


• Does the landlord have a routine inspection schedule? Is it sufficient?


• How long has the object or flaw been present?  Would a routine inspection have identified it?;


• Could a simple barrier or warning have prevented injury?;


• Was there a legitimate reason for the object's presence?

So you see, a seemingly simple slip and fall can become a very fact intensive matter.  Report all falls immediately to someone of authority so that the condition is documented.  If the flaw is located in your apartment building, immediately notify the landlord or owner so that their knowledge is established.

This primer is an introduction only and does not cover all potential scenarios.  As you can see, a slip and fall can be very fact intensive and you need to speak with an attorney to determine your rights.  If you have been injured in a slip and fall accident, contact our office for a free initial consultation.